IN THE CASE OF: BOARD DATE: 10 September 2013 DOCKET NUMBER: AR20130002253 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, a recently deceased former service member (FSM), requested, in effect, correction of his records to show he elected Survivor Benefit Plan (SBP) coverage for his spouse. He also requested, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 25 February 1952. 2. He stated he and his wife were married on 30 September 1978. Shortly after their marriage, they went to Fort Meade, MD, and completed the proper paperwork to add her as the beneficiary of his retired pay and benefits. He stated he was given 4 months to live after discovering his cancer had spread to his lungs and nothing could be done. His wife contacted the Army and was told she was not listed on anything. She was also told the office where they completed the paperwork had moved and maybe the paperwork was lost or never entered into the system. He further stated his date of birth shown on his DD Form 214 is wrong; his date of birth is 25 February 1952. 3. The applicant provided the following: * self-authored statement * marriage certificate * DD Form 214 * DA Form 3140 (Designation of Beneficiary – Unpaid Retired Pay of Deceased Retired Member) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 22 August 1969. He retired on 5 October 1971 due to physical disability. He was credited with 2 years, 1 month, and 14 days of active duty service. 2. Item 9 (date of birth) of his DD Form 214 lists his date of birth as 22 February 1952. 3. All documents contained in his records list his date of birth as 25 February 1952 including, in part: * DA Form 20 (Enlisted Qualification Record) * DD Form 398 (Statement of Personal History) * DA Form 873 (Certificate or Clearance and/or Security Determination) 4. His certificate of marriage shows he married his spouse on 30 September 1978. 5. On 24 October 1978, the applicant completed DA Form 3140 at Fort Meade, MD, designating his spouse as the beneficiary of his unpaid retired pay. There is no evidence he completed any paperwork regarding the SBP in connection with this visit. 6. In April 2013, the applicant died. 7. The Defense Finance and Accounting Service confirmed that the applicant did not enroll in the SBP and no premiums were paid. 8. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. Changes in SBP options are not authorized except in specific instances as authorized by law. It declared a 12-month Open Season for those members who retired prior to enactment of the law. Public Law 93-155, enacted 16 November 1973, extended that Open Season from 12 to 18 months (21 September 1972 – 20 March 1974). 9. There were three subsequent Open Enrollment Seasons – October 1981 through September 1982, April 1992 through March 1993, and October 2005 through September 2006 – all extensively publicized in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army. 10. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. There are no documents in the available records and none were provided by the applicant which show he elected to participate in the SBP or that he ever paid premiums for the SBP. All available information indicates the applicant did not make such an election after he was married. The DA Form 3140 provided by the applicant designated his spouse as the beneficiary of his unpaid retired pay. This form did not mention the SBP. 2. In the absence of evidence showing the applicant elected to participate in the SBP, there is no basis to now designate his spouse as the beneficiary. 3. The applicant's date of birth was recorded as 25 February 1952 throughout his military service as confirmed by his DA Form 20 and DD Form 398. Therefore, he is entitled to correction of his DD Form 214 to show his date of birth as 25 February 1952. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his date of birth as 25 February 1952 as it appears on his birth certificate. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the SBP. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130002253 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002253 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1